OKORIE OKORONKWO V. THE STATE
August 8, 2025OQUA OTOP ASI ABANG V. EFFIOM OKON EFFIOM & ORS
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 88051
In the Supreme Court of Nigeria
Fri Jan 9, 1976
Suit Number: SC. 83/1975
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
ANDREWS O. OBASEKI , JUSTICE, SUPREME COURT
PARTIES
COMMISSIONER OF POLICE
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents were charged with willful and malicious damage to building before Magistrate Grade I. At the conclusion of the case for the prosecution in the trial court, counsel for the respondents made a submission that the Magistrate had no jurisdiction to try the case on the ground that the value of the property, the subject matter of the charge, exceeded the limit of the jurisdiction of the Magistrate and also on the further ground that the case raised an issue as to title to land. The trial Magistrate upheld the submission that he had no jurisdiction and discharged the respondents without prejudice. The prosecutor, having been dissatisfied with the decision of the trial Magistrate, appealed to the court of appeal, and further to the Supreme Court where by the opinion of the Supreme Court was sought.
HELD
The Supreme Court held that in the case of a criminal charge of malicious damage to property the criminal jurisdiction of the Magistrate to try the charge is not ousted by virtue of Section 18 of the Magistrates Courts Law as amended by Section 6 of the Magistrates Courts (Amendment) Edict, 1971 in cases:
(i) Where the value of the subject matter of the charge exceeds the limit of the civil jurisdiction of the Magistrate, and/or
(ii) Where with respect to the subject matter of the charge, title to land or interest in land is involved.
ISSUES
Whether on the correct interpretation of Section 18 of the Magistrates Court Law Cap. 82 Laws of Eastern Nigeria as amended by Section 6 of Edict No. 23 1971 the ouster of jurisdiction of the Magistrate as therein provided also contemplates ouster of the criminal jurisdiction of the Magistrate to hear and determine criminal cases: (a) Where the value of the subject matter of the charge exceeds the limit of the civil jurisdiction of the Magistrate. (b) Where with respect to the subject matter of the charge, title to land or interest therein is involved
Whether in the case of a criminal charge of Malicious Damage to property the jurisdiction of the Magistrate is ousted by virtue of Section 6 of the Magistrate Court (Amendment) Edict No. 23 of 1971 if the value of the subject matter of the charge exceeds the limit of the civil jurisdiction of the Magistrate.
RATIONES DECIDENDI
WHAT SHOULD BE DONE WHERE THERES AMBIGUITY IN THE MEANING OF THE LAW OR EDICT
“It is only when there is ambiguity in the meaning of the Law or Edict, which is being construed, that it is proper to refer to other Laws or Edicts in pari materia in order to resolve the ambiguity.” Per BELLO, JSC
CASES CITED
Olalere Obadara & Ors. v. The President, Ibadan West District Customary Court (1964) 1 All NLR 336
Claude Nablan v. George Nablan (1967) 1 All NLR 47.
STATUTES REFERRED TO
None.
